Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… Read on

Aerosols, perfume and reasonable adjustments

Is it possible to have a situation when no reasonable adjustments can be made for a disabled person? Yes, but only rarely, held the Appeal Tribunal in the recent case of Dyer v. London Ambulance NHS Trust. Background Mrs Dyer,… Read on

Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

Disciplinary proceedings and negligence

In the case of Coventry University v. Mian, the Court of Appeal had to decide whether an employer had breached its duty of care to one of its employees by pursuing disciplinary proceedings, and whether they should be liable for… Read on

Judgment on tribunal fees imminent

In July 2013, the Government introduced fees for claimants in the employment tribunals. Fees start from around £160 to issue a claim, with a further fee for a hearing starting at £230. The fee rises depending on the type of… Read on

Round-up of Employment Law Changes in October 2014

National Minimum Wage The new rates of National Minimum Wage for the year 1 October 2014 – 30 September are published: Read the current rates of NMW here Equal pay audits Employment Tribunals must order an equal pay audit upon… Read on

Emergency time off and contacting your employer

In the case of Ellis v Ratcliff Palfinger Ltd, the Employment Appeal Tribunal decided that it was fair to dismiss an employee who had taken emergency time off but who had not properly notified his employer as soon as he… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on